Constructive Dismissal is one of the hardest claims to bring. It is a breach of contract claim, but it also can involve issues of unfairness, so straddles both unfair dismissal and wrongful dismissal. In brief, if an employer takes some action or step that fundamentally breaches the terms of the contract of employment and is so serious that it makes it impossible for the employee to continue working, a claim for constructive dismissal may arise. The employee would argue that the employer’s actions had the effect of dismissing him/her. The employee then has to notify the employer that he/she is treating the contract as discharged and then claims for damages for the notice period (which is the remedy for breach of contract) and, if eligible to apply, compensation for being unfairly treated. You should always seek expert legal advice as soon as possible before claiming constructive dismissal and our experienced Solicitors are happy to help.
We have acted for clients from Walsall, Wolverhampton, Birmingham, Coventry, Stoke and from other parts of West Midlands.
Our employment lawyers can provide specialist legal advice in this area of law. To contact one of our dedicated employment lawyers, please telephone 01922 645 429 or complete our enquiry form.